Digital health, telemedicine and law

• Published in: Therapeutische Umschau Vol. 81; no. 6; p. 223
• Main Author: Jordi, Nicolas
• Format: Journal Article
• Language: German
• Published: Switzerland 01.10.2024
• Subjects: Computer Security - legislation & jurisprudence; Confidentiality - legislation & jurisprudence; Digital Health; Humans; National Health Programs - legislation & jurisprudence; Switzerland; Telemedicine - legislation & jurisprudence; Switzerland; Telemedicine; Confidentiality; Medical Supplies
• DOI: 10.23785/TU.2024.06.007
• ISSN: 0040-5930

Due to the development of digitalisation and information technology, medicine is subject to constant change. This development raises many new legal questions, most of which are still unanswered. This article first looks at the subarea of telemedicine and its regulation in federal and cantonal law and the question of the extent to which telemedicine is legally permissible. The particular focus here is on the doctor's perspective. Furthermore, this article deals with digital healthcare from the perspective of data protection law. Due to the central position of personal data in medicine, this area has become an integral part of everyday medical practice. This article provides a brief overview of this extensive field and highlights the most important key points of data protection law. Finally, this article uses a case study to address the question of the extent to which digital health applications should be considered medical devices. In practice, it is often very difficult to determine in advance whether such a digital health application is to be considered a medical device and is therefore subject to stricter regulations. The most important conditions in this regard are then presented and analysed.